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(영문) 대구지방법원 서부지원 2018.01.09 2017고정267
건설산업기본법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of packing construction business, etc., and Defendant A is the representative director of the above corporation.

1. Defendant A

A. The Defendant in violation of the Commercial Act, as the representative director of the company B, which is in the old group E in the old group of North Korea, borrowed the capital required for the registration of incorporation of the said company, and paid the share price as the share price, and immediately withdrawn it and repaid the borrowed money.

On February 22, 2016, the Defendant deposited KRW 303,00,000, including KRW 218,000,000, borrowed from Dasan, G, and 218,000 from Dasan-gun, G, and issued a certificate of deposit balance of the said Nonghyup Bank under the name of the Defendant for share payment, and then registered the establishment of the said Nonghyup Bank on the same day. On March 26, 2016, the Defendant transferred the said capital to the account of the said company on the same day. On March 14, 2016, the Defendant prepared a written diagnosis of financial status necessary for the registration of construction business, from the 17th day of the following month to the 22th day of the same month, and promised to pay the capital by withdrawing the total amount of KRW 218,00,000,000 on seven occasions from the 17th day of the same month

B. On February 22, 2016, the Defendant had a registered official submit a certificate of balance and related documents issued by a certified judicial scrivener H at the Daegu District Court Branch Branch, which was located in 1441, in the 1441 Eup/Myeon, in consideration of the payment of the share capital, to a registered official, and had the registered official enter “30,300 shares” and “30,000,000 won” in the column for “the total number of issued shares in the commercial electronic data processing system” into the “total number of issued shares in the commercial information processing system” column for “the amount of the capital” and “the amount of the capital” into “the registration of incorporation of the corporation B, which was completed, and stored and operated the commercial electronic data processing system that was recorded in the above fact of insolvency.

In this respect.

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